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1823.]

Mr. URBAN,

The Practice of Deodands defended.
Norfolk, Jan. 24.

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rious enquiry is first made, still bearing

DEODAND, in our customs, sig- the same regard to God's law. On

nifies a thing devoted or consecrated to God, for the pacification of his wrath, in case of any misfortuneas a person coming to a violent end, without the fault of any reasonable crcature; as, if a horse should strike his keeper, and so kill him. In this case the horse is to be a deodand; that is, he is to be sold, and the price distributed to the poor, as an expiation of that dreadful event.

In reply to "J. A.'s" charge of Superstition, which he has brought against Deodands, (Dec. p. p. 488) I send

you, Mr. Urban, the above definition from an excellent Cyclopædia, published anonymously, 1754. This account does not found Deodands upon our law, i, e. statute law, but as our common law in general is, on our ancient customs, and these are agreed to have been founded on common sense, i. e. the common sense of the nation, respecting the revealed law of God, and how the same could be most literally applied to circumstances with them.

Thus Deodands cannot justly be called superstitious in their origin; nor can they be justly said to be superstitiously applied in our present jurisprudence.

When a person is found dead; as God has expressed the great value which he is pleased to put on human life, and his high abhorrence of Murder, it is necessary to enquire what was the cause of the death; if this shall be found to have been murder, then so soon as the murderer shall be convicted, he is delivered over to death, not merely as a punishment, but, so far as lies in us, to expiate God's declared wrath against murder, and, "that the people may hear, and fear, and do so

no more.

If the case shall appear Manslaughter, still the degree of punishment has the same aspect, and is assimilated perhaps as nearly as circumstances will permit, to the law provided for the same case. Deuteronomy xix. xxi.

If by any animal without any fault of man, then that animal becomes deodand, as by Exodus xxi. 28. We have by custom indeed, commuted the life of the animal, for a sum of money, and this commonly a small sum, bearing little proportion to the value of the animal; but in this case due and seGENT. MAG. February, 1823,

this head I can assure "J. A." that I have, in the course of a long life, known repeated instances of the owner's voluntarily destroying the animals; nay, I have known cases where the people of the vicinity have taken upon them to execute the law, in case of the owner's neglect, and never knew any prosecution having been instituted in these cases of high irregularity, the owners having been advised to be content with procuring an admonishment to be given to them, rather than to hazard the entire suppression of these feelings of reverence of God's law, although the same were improperly expressed.

In the case of any inanimate thing causing death, e. g. the sail of a mill, still due enquiry is made, and the same becomes deodand; and still with the same view.

If the person having the care of the animal, or inanimate thing moving to the death of man, is proved to have been negligent in his care, he is. punished in proportion to the degree of negligence or carelessness exhibited by him.

Now, Mr. Urban, I cannot see what superstition, properly so called, here is in these cases; nor, strictly speaking, can an excessive fine be imposed in lieu of deodand, for, the animal being, ipso facto, forfeited by the law, the owner thereof cannot be compelled to redeem them.

"J. A." says that without these proceedings, or with them, he should feel himself bound in conscience, to make what amends he could, to the family of the sufferer in any such case, and so, no doubt, would every conscientious man feel himself bound; but in this case, if no such proceedings took place, no conscientious king, or conscientious people, having the knowledge of the Scriptures, could feel that they had done what was in their power, and what was incumbent on them, to expiate and avert the wrath of God.

Your Correspondent "E. G." (same Mag. p. 497) has some remarks on French customs at this time, very apposite; "there," he says, "where a Coroner's Inquest is unknown, a Frenchman sees the body taken out of the Seine, shrugs his shoulders, sighs n'importe-and passes on."

I con

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Deodands-Fly Leaves, No. VIII.

* conclude with hoping that this disregard of human life, and of God's laws, will never take root in England; and that all Englishmen will be very careful of traducing these by calling them superstitious; lest he should, however unwittingly, aid in bringing into action the reign of reason, as it has been called, but, in truth and in substance, the reign of licentiousness. I presume "J.A." does not confound Deodands with Mortuaries, these being quite distinct; the court in the late case of Sir T. C. Bunbury discountenanced severe extension of the law in a claim for a Mortuary, made by the Lord Paramount of Sir T. C. B.'s manor.

In the case of the death of the Commercial Traveller at Schole Inn, Norfolk, lately, under very aggravated circumstances of carelessness, not to say wantonness of the driver of the coach, the Court directed all charges incurred by the illness, &c. of the Sufferer, to be given to the plaintiff as damages, together with costs; but declared that the Law had not, nor would the Court presume to fix a value on the life of a man; this reasoning applies equally where immediate death ensues on an accident. W.H.W.

FLY LEAVES.-No. VIII.

Old Scotch Musick.

Taluable obloug volume in MaHE Dr. Burney possessed a nuscript of Scottish Musick. It had been presented to him "from Dr. Skene, professor of Humanity and Philosophy in Marischal College, Aberdeen, June 1781" and it was supposed "the Collector was the first person who received the degree of Master of Arts in Marischal College." The title of the work is, "An Playing Booke for the Lvte. Wherin ar contained many corrents and other mvsical things. Musica mentis medicina mæstæ. At Aberdein. Notted and collected by Robert Gordon. In the yeere of our Lord 1627. In Februarie. The back of the title has a drawing of a person playing on the lute, and named on a ribband MvSICA. With several tunes that have no better distinguishment than "A Ballat," or "A Current," are others with the follow ing titles, of which only a few are now

known.

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[Feb.

The Buffens. Sleepe wayward thoughts. Sannicola.Sheepheard saw thou not.-What if a day.—Give caire does cause men cry.-Canaries.Finis, quod Ostend, (no title.)-Finis ballatt, or Almon.-Hurries Current. Queen's Current.-Frogge's Galzeart. Lyke as the Dumbe. When Daphne did. The Prince Almon+ The day dawes.-Cum sueit Love Jett sorow ceasse. Finis, Haddington's mask.--Thir Gawens.--Finis, Queene's Almone, as it is played on a fourteen cord lute.-A Saraband.-Ther wer three Ravns. In a gardeen so green.

rent..

Haddington's maske.-The barg of maske.-Begon sueit night.-Tell me Daphne-Lachrymy.-A stryng of the Spanish Pavin.-Finis, Darges CurFantasie.-A passing sour!Ballart's Current. The quadro pavin. The galziart of the pavin.-*In till a mirthful May Morning.-Orlio's Current.-Hebrun's Current.-A Port Port Priest.-Before the Greekes. Brangle, simple.-The Old Man.-I long for the Wedding.-Gray steel.— Put on the Sark on Munday.-Brail de Poyetu.-Ostende.-God be with the Geordie. A Pasmissour. Brangle with the braking of it. A Braill: second, third, fourt, fift, sext braill. Thoes rare and good in allFinis, Lilt Ladie: An. Gordone.—A daunce.-Green greus ye rashes.-Com Love lets walk. Finis. Cum lett us walk into yon springe.-Hunter's ear

-

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rerre.-Vpon a Sommer's time. Its a wonder to see how ye world doos goe.-An thou wer myn oun thing,→→ Finis port Jean Kinsay.-Cock-stouns hoggie.-Wo betyke thy waerie bodie Ladie Laudion's Lilt.-Have over the water.-I long for thy virginitie.→→ From the fair of Lavintan shore.Keath keares not for thy kyndnes.Earlie in a Mornning.-Galua, Tom.

The tript of Diram.-Kist her while she blusht.-God be with my bonnie love.-Whip my toudie.-Bon accord. *My beelful breest.-Hench me malie Gray.-Thir gawens ar gey.A preludium.-Finis huic libro imposi tus. Anno D. 1629. Ad finem. Decem. 6. In Stra-Loth.

Four, thus marked, (*) are mentioned by Ritson in the Historical Essay on Scotish Song, (p. lvi.) as inserted in "the first known Collection of Scotch Songs," printed at Aberdeen in 1666: this list forms a valuable ad

Col. Macdonald on Polar Magnetism.

1823.] dition to the List of Desiderata in Scotish Song, by Ritson, published in the Scotch Magazine for Jan. 1802.

Mr. URBAN,

BE

EU. HOOD.

Devon, Feb. 8. EING in habits of attending Otmuch to the interesting subject of Polar Magnetism, on account of its manifest importance to ge neral Science, Navigation, and Commerce, I participate strongly in the anxious feelings at present powerfully excited by the distressing uncertainty of the fate of the brave Navigators so long unheard of in their second enterprising attempt to discover a Northwest Passage.

1

In your valuable records of useful and ornamental literature, I expressed my doubts of achieving the object in view in the proposed direction as soon as that was publicly announced. The very name of Repulse Bay, through which the voyage was to be prosecuted, augured ill to the success of the expedition; and the ascertained loss of two ships near Marble Island, at the South end of Welcome Channel, leading into that Bay, and on a projected voyage to the Coppermine River, is little calculated to alleviate our fears for the safety of the Discovery-ships commanded by the admirable Captain Parry, whose daring labours have already conferred such signal benefits on nautical and magnetic science.

In Behring's Straits it has been long known that a barrier of ice extends from the Asiatic to the American Coast, in the height of Summer, as high up as the parallel of latitude of Icy Cape. The current found in this strait clearly indicates the existence of a passage which evidently can never be subservient to purposes of commercial utility. Thus, with no wellfounded hope of getting on the hyperborean coast, from either of its extremities, it is much to be lamented that Behring's Straits were not again explored, as that could have been done with perfect safety. There may be a hope that the ships got through the long narrow channel running out of Repulse Bay during the last Summer. If this had been effected the first Summer, Captain Franklin would have found marks set up on the Coast, and particularly at the mouth of the Copper Mine River, indicating the passage

12

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of the Discovery-ships. There may also be a slender hope they re main frozen up in some of the Northern inlets of Hudson's Bay. Southampton Island lies between 62° 30′ and about 66° 30′ of latitude; and between 82° and 85° of West longitude. The whole of this coast should, as early as possible, be examined by employing the Natives. The following places ought to be diligently explored, both by land and water: viz. Repulse Bay, its North Coast, the Channel from it into the Hyperborean Sea, Wager Creek, the American Coast from it, down to Cape Mackey in 91° West longitude, the Chesterfield-inlet between this Cape, and Baker's Foreland; and any islands, if existing in the broad Welcome passage, between Southampton Island and the abovementioned lines of the American Coast. These seas will not be open for such search till next Summer; but the examination by land may be entered on earlier. The ships are provisioned for three years; but still, a strong vessel with necessaries should be sent out. We cannot utterly despair till all this has been done; and should no traces of our intrepid and unfortunate navigators be discovered, a grateful country must support their helpless families with the only consolation of the memory of their heroism transmitted to posterity on the records of history.

We impatiently expect the account of Captain Franklin's investigations, principally as they may throw farther light on magnetic variation. Science cannot derive a maximum of utility from what has been discovered till a ship is sent out on purpose to ascertain the precise position of the North-west Magnetic Pole; that is to say, the longitude and latitude of the exact point where the dipping needle would stand perpendicular in continuation of the Pole situated on the line of no variation. The same ship might in the Summer explore the Polar Basin by passing into it through one of the open channels on the North side of the sound which ought to be called Captain Parry's Sound. The ship must winter where the grand ultimate object is to be finally ascertained. As for the Hyperborean Coast running nearly on the parallel of 70° from Repulse Bay to Behring's Straits, that evidently can be now only investigated

by

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Amiable Character of Mr. Amos Green.

by gradually establishing provisioned Black-houses. From the Copper Mine River to Behring's Straits; the longitudinal distance, at twenty miles to a degree, is about 1000 miles. The mouth of Mackenzie's River, in nearly 68° latitude, and 132° longitude, will form a convenient station. In process of time, the islands of the West part of the Polar Basin may be gradually examined from these stations; and independent of scientific benefits, a great increase of the fur-trade may be one of the resulting advantages. If we neglect this object, it is probable that Russia may occupy this coast by facJOHN MACDONALD.

tories.

Mr. URBAN,

Ν

Eltham, Feb. 1.
ii.

IN your last Volume, part P. 506,

there is an enquiry after Mr. Amos Green and his two brothers. Of the brothers I knew little, and recollect only that the one at Christ's Hospital appeared to be a martyr to the gout.

Of Amos Green, the enclosed is an accurate and impartial account; and from my own knowledge of him, I could not only confirm, but strengthen what it says of his amiable and excellent heart. In the course of my long life, I question if I ever knew his equal in humble-mindedness, good temper, benevolence, affection, zeal in the service of his friends, charity, piety. In a word, in all the mild virtues of Christianity, free from all enthusiasm or excess of any kind.

1

His character ably drawn must delight all, and do good to many; if copied by all, this world would be a paradise.

"Your Correspondent wishes for some account of Mr. Amos Green, and I am happy to embrace this opportunity of bearing testimony to the talents and merit of one of the best men that I have ever known, with whom I lived in habits of intimacy for more than forty years, in consequence of a friendship formed at school, and continued through life. Mr. Green resided during many years with Anthony Deane, Esq. at Bath. By every branch of Mr. Deane's family, and by a numerous circle of friends, Mr. Green was respected and beloved in the highest degree. His talents for painting were of a very superior kind; in fruit and flowers he was perhaps unequalled, and his landscapes were greatly ad

[Feb.

mired. He was particularly successful in copying Claude, and it was scarcely exaggerated praise, when a friend who was remarkable for his fine taste in painting, told him that in future the connoisseurs would enquire for Green's Claudes. He married Miss Lister, a lady of large fortune and uncommon accomplishments, and whose skill in drawing was almost equal to his own. They spent their Winters in York, and their Summers at a cottage near Ambleside. That beautiful country afforded an endless variety of scenes to which both Mr. and Mrs. Green have done justice

in an admirable collection of views from Nature. Mr. Green died at York. His lady survived him some years, and at her death she directed his paintings to be sold in London for the benefit of a Charitable Institution. They had no family, and I believe both Mr. Green's brothers died before him.-In the course of my acquaintance with the world, I cannot point out a more faultless character than I believe Mr. Green's to have been. The uncom mon gentleness of his nature, the benevolence of his heart, his religious principles, and his sincere humility, insured the love and esteem of all who knew him; but few can speak from such intimate knowledge of his cha

racter.

"The Pictures were sold by Mr. Christie in July last." Yours, &c.

J. B. ** We have this Correspondent's address, who will give further information if required.

Mr. URBAN,

Feb. 7.0 BSERVING in the Gentleman's Magazine for December last, a letter requesting information respecting the late Messrs. Greens, natives of Hales Owen, I have pleasure in stating some particulars of one of them, and in bearing testimony to the justice of your Correspondent's commendation of his talents, as well as to his many virtues and amiable qualities, with which I was well acquainted.

Mr. Amos Green (probably about the time mentioned by your Correspondant, viz. 1757) contracted an intimate friendship with the late Anthony Deane, Esq. of Bath; and became for many years a constant resident in his family; between every branch of which and himself there

sub

1823.] Song in the "Harmonicon" noticed County Meetings.

subsisted the most cordial regard till the time of his death. In the year 1796, Mr. A. Green married Miss Lister, a lady of much natural talent, and of an highly-cultivated, right-judging mind, and steadily religious principles who also excelled in drawing. And from this time he lived at York, her previous place of residence; usually passing the summer months at Am

bleside.

He died in June 1807, esteemed and beloved by all who knew him, for his kindness and benevolence of heart, his sweetness of temper, humble and pious spirit, and agreeable conversation and manners; no less than admired by them as an Artist, for genius, taste, and execution. He was buried at a village near York, I believe Fulford.

His lady resided at York, and in the neighbourhood, till her death, which took place in the autumn of 1821, and directed by will that the pictures painted by Mr. Green, and in her possession, should be sold; and the produce applied to charitable purposes. Yours, &c.

Mr. URBAN,

H.

Bath, Feb. 4.

IN your last Number, Pico, the Reviewer of a new musical publication, the "Harmonicon," refers to a Canzonet composed for the work by Mr. Braham, and adapted to the words of a song, beginning "O very sweet was morning's dawn," stated to be the production of M. G. Lewis, Esq. M.P.

66

Allow me to make an observation or two on the subject: the Song was not written by Mr. Lewis; it was published, I think, in the autumn of the year 1807, in a popular newspaper, and prefaced thus: Mary; an attempt to adapt English words to a very wild and pathetic Irish air, known among the peasantry of the province of Connaught, by the title of Maurien Oge, or Owg. Nothing, however, but the melody of this ditty remains both the name of the Poet, and the poetry itself, being lost in the stream of time." Mr. Braham is a fine composer; but his Canzonet in the Harmonicon is, though well executed, neither wild nor pathetic, and therefore does not suit the meaning of Mary. Let me add, that the words of the Song, such as they are, are incorrectly

:

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given in the Harmonicon: they may be found, if thought worth the trouble of inquiry, as they were originally written, in the Sun Newspaper of January 15, 1823, in which widely-circulated publication, I, from absolute necessity, inserted them, accompanied by a letter; possessing no more effectual method of defence against the disgraceful charge of claiming as mine the production of another man; and of one distinguished for his taste and genius. This vindication of myself was my object in addressing the Editor of the Sun; and is likewise my reason for now trespassing on you. The Song of Mary was written by me, about twenty years ago, and I beg leave to observe, with great deference to those who think otherwise, that it is an effusion which cannot possibly do any honour to the muse of Mr. Lewis, nor much even to that of

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KNOWING bowellent
sively your excellent Miscel-
lany is circulated, permit me to call
the serious attention of your nume-
rous readers to the dangerous politi-
cal doctrines again industriously pro-
pagated, and, I am concerned to say,
adopted as the genuine sentiments of
County Meetings. Much unjust oblo-
quy has been thrown out against the
most able and successful military cha-
racter in Europe, for terming these
meetings a farce. No person has a
right to vote at these meetings except
he be a Freeholder: whereas, in point
of fact, it is perfectly known that three
fourths of those that hold up their
hands there are not qualified persons;
and, consequently, decisions so ob-
tained fall, with the strictest propriety,
under the above expressive appellation.
Votes legitimately unexceptionable
can be had only by assigning a sepa-
rate space in front of the hustings to
real freeholders of counties. For want
of this just regulation, any extravagant
proposition made, however much op-
posed, is carried by senseless acclama-
tion, and sent up to Parliament as the
sense of the county at large. It is
thus, that we are again witnessing the
revival of the insane project of Annual
Parliaments and Universal Suffrage.
I really thought this wild chimera had
been consigned to the tomb of all the

Ca

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